Hi @officestudents @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equality and Diversity section of your job application has 'gender' in what appears to be a list of the protected characteristics under the Equality Act 2010.

However...

1/15

However, 'gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

https://t.co/qisFhCiV1u

Sex is the protected characteristic under the Act, but that is not on your list.

2/15
You then ask for the 'gender' of the applicant with options:

Male
Female.

3/15
Again, 'gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

https://t.co/qisFhCiV1u

4/15
Sex is the protected characteristic and the only two possible options for sex are 'Female' and 'Male' as defined in the Act and consistent with biology, but you don't ask for that.

https://t.co/CEJ0gkr6nF

'Gender' is not a synonym for sex.

5/15
You then ask "Is your gender identity the same as the gender you were assigned at birth"

'Gender identity' and 'gender' are not protected characteristics under the Equality Act 2010 and are not defined in the Act.

6/15
'Gender' at birth is a meaningless concept and 'gender' is not 'assigned' at birth: sex is observed and recorded and is immutable.

7/15
'Gender' and 'gender identity' rely on demeaning, regressive stereotypical notions of societal roles for the two sexes, concepts that I'm sure you would not wish to be associated with.

8/15
Asking about a personal characteristic such as 'gender' that is not a protected characteristic under the Act, may be in breach of the GDPR by processing personal - and potentially Special Category - data without a lawful basis.

9/15
If you choose not to gather data on specific protected characteristics (such as sex), you cannot have the information required to ascertain whether or not you could be discriminating on protected characteristics in recruitment. This could be vital in an employment tribunal

10/15
If you choose to discriminate on characteristics (such as 'gender') that are not protected characteristics under the Act, you may inadvertently indirectly discriminate on protected grounds.

11/15
Given these errors and your use of incorrect terms, it's not clear how you can meet your Public Sector Equality Duty or how you have met it in the past given your data could have been corrupted by those who didn't provide their sex.

12/15
Nor is it clear how you can have had due regard to the other duties given the data you have collected.

13/15
Language and meaning of words are important and proper use & understanding of terms is vital so that the public is aware of what rights they have and what your duties are. Any confusion or inconsistency over meaning may prevent people from accessing their rights in law.

14/15
Will you undertake to correct these errors and to review all your other policies, documents, reports, etc to ensure compliance?

Please respond.

https://t.co/RJAWJ1vJ6s

15/15
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More from sexnotgender.info

Hi @EdinburghUni @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The DIVERSITY INFORMATION section in yr job application mentions 'legal equality duties'. You then ask "What is your gender identity?" with options

Female
Male
Non-binary
Not-listed
Other

1/13


'Gender identity' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

https://t.co/qisFhCiV1u

2/13


Sex is the protected characteristic and the only two possible options for sex are 'Female' and 'Male' as defined in the Act and consistent with biology - 'non-binary' and 'other' are not valid options.

https://t.co/CEJ0gkr6nF

'Gender identity' is not a synonym for sex.

3/13


You then ask "Does your gender identity match your sex registered at birth?"

4/13


Again, 'gender identity' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

https://t.co/qisFhCiV1u

5/13
Hi @CotswoldOutdoor @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equal Opportunities Questions section of your job application asks for the 'gender' of the applicant with options:

Male
Female
Transgender
Transsexual
Non-Binary

continued...

1/11


...
Non-Binary
Genderfluid
Agender
Bigender
Polygender
Neutrois
Gender Apathetic
Gender not listed.

2/11

'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

https://t.co/qisFhCiV1u

3/11


Sex is the protected characteristic and the only two possible options for sex are 'Female' and 'Male' as defined in the Act and consistent with biology, but you don't ask for that.

https://t.co/CEJ0gkr6nF

'Gender' is not a synonym for sex.

4/11


All the other terms you use, apart from the term 'transsexual', are not protected characteristics under the Equality Act 2010 and are not defined or used in the Act.

5/11
Hi @NewportCouncil @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The Equal Opportunities Monitoring in your job application asks for the 'gender' of the applicant and says "Please select either male or female based on your legal gender"...

1/16


...with options:

Female
Male.

'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

The term 'legal gender' is not used in the Act or defined in the Act.

https://t.co/qisFhCiV1u

2/16


Sex is the protected characteristic and the only two possible options for sex are 'Female' and 'Male' as defined in the Act and consistent with biology, but you don't ask for that.

https://t.co/CEJ0gkr6nF

'Gender' is not a synonym for sex.

3/16


You then ask for the 'gender identity' of the applicant, saying "Gender identity is how you would describe your own gender; this could differ from your legal gender." with the same options of:

Female
Male.

4/16


'Gender identity' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

The term 'legal gender' is not used in the Act or defined in the
Hi @Census2021 @ons @IanDiamond11 @_datasmith @PhilippaBonay @EHRC @EHRCChair @KishwerFalkner @RJHilsenrath @trussliz @GEOgovuk

The 'Diversity' section of your job application states you promote 'not discriminating under the Equality Act 2010'.

However...

1/11


However, you then ask for the 'Gender' of the applicant with options:

Man
Woman
Prefer to self describe.

2/11

'Gender' is not a protected characteristic under the Equality Act 2010 and is not defined in the Act.

https://t.co/qisFhCiV1u

3/11


Sex is the protected characteristic & the only two possible options for sex are 'Female' &'Male' as defined in the Act & consistent with biology, but you don't ask for that. 'Self-describe' is not a valid option

https://t.co/CEJ0gkr6nF

'Gender' is not a synonym for sex.

4/11


Asking about a personal characteristic such as 'gender' that is not a protected characteristic under the Act, may be in breach of the GDPR by processing personal - and potentially Special Category - data without a lawful basis.

5/11

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